Latest news with #BanthiaCommission
The Hindu
27-05-2025
- Politics
- The Hindu
Chhagan Bhujbal slams Banthia panel report on OBCs
Days after the Supreme Court gave the go-ahead for the Maharashtra local body elections without the Banthia Commission recommendations on OBC reservation, Maharashtra Minister Chhagan Bhujbal has torn into the commission appointed by the State government in 2022 over the issue. When asked if the State government will now withdraw the report submitted before the Supreme Court, the Minister said it would not matter as the nine-member Bench's judgment in the Indira Sawhney case would stand valid. In an interim order, the Supreme Court recently directed the Maharashtra State Election Commission to hold the pending local body elections in the State along with the OBC reservation status that existed before 2022 when the Banthia Commission had submitted its report. 'Reservation shall be provided to the OBC communities as per the law as it existed in the State prior to the 2022 report of the Banthia Commission,' the court stated in its order. Hitting out at the Banthia Commission for its methodology of conducting the survey, Mr. Bhujbal said, 'Within one month, is it possible that sitting at home, sitting in air-conditioned places, can you have the caste census all over Maharashtra? For example, I will tell you. Gaikwad is a surname. When the commission was going through the electoral rolls, the officers marked 'Gaikwad' as Maratha. But Gaikwad is an SC too, an OBC too, even a Mali community member. I don't agree with the Banthia Commission report, but because, at that time, there was the Supreme Court which was sitting on our State government's head, and we had to submit that report.' The Minister said that he had also raised the issue with the then Chief Minister Uddhav Thackeray, as he was a part of the Cabinet even then. 'I was told that if we don't submit this report, we will have to conduct the elections with zero reservation for the OBCs. So I let it be at that time,' he said. Mr. Bhujbal punched holes in the committee report. 'When the copy (of the Banthia Commission report) came to me, I found that in Sinnar, one of the talukas of Nasik district, in four places, there were zero OBCs, as per the report. I said, it is not possible. I sent my people from Nasik to those villages. In one village, an OBC was the sarpanch. In another village, there were five OBCs elected in the gram panchayat. I told this to Uddhavji. I asked him, 'What is it going on? Is this the way?' And some people, they purposely called the Collectors to tell them that the OBC percentage in that district should be limited to a particular figure. Uddhavji told me that in 92 places we had to conduct elections with zero reservation for the OBCs. Let it go, otherwise we will get nothing.' The Minister claimed that as per the 1931 census, OBCs were 54 per cent and should get 27 per cent reservation. 'In some places, Banthia Commission said that there were very few OBCs. For example, in Mumbai, he said there were only six per cent OBCs. What is he saying? Here, all the hard-working communities are from the OBC class – whether they are coolies on the railway stations. Even those from U.P. - the Yadavs, Kurmis, Kushwahas. They are all OBCs. And what does he say? How can it be six per cent?' he asked. He also claimed that there was an internal tussle within the Banthia Commission, and one of the members challenged the former bureaucrat. He said that at that time, they let it go as the Supreme Court had sought a time-bound report for the holding of elections. Madhya Pradesh model The State Minister said that the Maharashtra government had followed the Madhya Pradesh model while appointing the Banthia Commission for the OBC reservation. But the Banthia Commission did not deliver due to time constraint. 'We don't agree, I don't agree with the Banthia Commission, but because, at that time, the Supreme Court was sitting on the State government's head, we had to give it.' When asked if the government would now withdraw the report, he said it would not matter. 'Till then, my election should be there and we will fight it out thoroughly. The nine-member Bench order of the Supreme Court in the Indira Sawhney case is already there. We will show it. This time, there was not enough time. Now, when the case continues, it will take years together. And, by that time, as the Prime Minister has declared, there will be a caste census. With the caste census, it will be crystal clear,' he said. (The video of the full interview of Maharashtra Cabinet minister Chhagan Bhujbal can be watched on 'Pulse Maharashtra' on The Hindu's YouTube channel)
Hans India
07-05-2025
- Politics
- Hans India
Reservations in India are like a train compartment: Those inside don't want others to come in says SC
New Delhi: The Supreme Court on Tuesday compared reservations in the country with a train and said those who enter the compartment "don't want others to come in." A bench of Justices Surya Kant and N Kotiswar Singh made the remarks while hearing a plea opposing the other Backwards Class (OBC) reservations in Maharashtra local body elections. Senior advocate Gopal Sankaranarayanan, appearing for petitioner Mangesh Shankar Sasane, submitted that Maharashtra government's Jayant Kumar Banthia-led commission gave 27 per cent reservations to OBCs in the local body elections without actually ascertaining if they were politically backward. Justice Kant turned to Sankaranarayanan, "The thing is, in this country, the reservation business has become like a railway. Those who have entered the compartment don't want anyone else to enter. This is the whole game. That is precisely the game of the petitioner also." Sankaranarayanan said compartments were being "added at the back also" and submitted political backwardness was distinct from social and educational backwardness, and the OBCs couldn't be automatically presumed to be politically backward. "Within the OBCs, politically backward and socially backward classes should be identified for the purpose of reservations," he said. Justice Kant said when one follows the principle of inclusivity, states were bound to identify more classes. "There will be social backward class, politically backwards class, and economically backward classes. Why should they be deprived of the benefit? Why should it be confined to one particular family or group?" he added. The top court issued notice on the plea and sought the state government's response while tagging the matter with the pending ones. Maha local body polls In the meantime, in another matter over OBC reservations in Maharashtra local bodies the bench ordered the state election commission to notify the polls in four weeks which are to be held in line with the period before the 2022 Banthia Commission report.
Time of India
06-05-2025
- Politics
- Time of India
Hold overdue Maharashtra local polls within 4 months, Supreme Court tells state election panel
NEW DELHI: The Supreme Court on Tuesday asked the Maharashtra state election commission to notify elections for local bodies within four weeks while disapproving bureaucrats manning the panchayats and municipal corporations because of the non-holding of solicitor general Tushar Mehta appearing for Maharashtra agreeing with senior advocate Indira Jaising for holding elections without following the recommended reservations for OBCs in local bodies, a bench of Justices Surya Kant and N Kotiswar Singh asked the EC to follow the OBC reservation specifications as existed before the Banthia Commission's report of July bench said since recommendations of the Banthia Commission have not yet been fully crystallised by the state govt, the elections to local bodies - there are 409 urban local bodies and over 28,000 rural local bodies - will be held as per the OBC reservations applicable to constituencies prior to July had not been held in many of these local bodies for years because of SC's status quo order in Aug 2022. The bench said it is unthinkable in our country, where grassroot democracy is given importance both in society and in the Constitution, to find local bodies without representatives of people and manned by bureaucrats without any accountability."The Constitution mandates grassroot democracy through periodical elections to local bodies. This ought to be respected since elected bodies have a prescribed term and no irreversible damage will be caused by holding elections," the bench elections will be subject to the outcome of the petitions pending in the court, the bench said. The elections had not been conducted because of a status quo order passed by the SC in Aug 2022 on petitions challenging the state govt's ordinance, which based on Banthia Committee recommendations had provided for 27% OBC reservation in local SC had stayed the election process on the ground that there must be enumeration of OBC population on the ground. The solicitor general told the bench that the enumeration of OBC population on the ground required layered processes to be completed and hence could take time. However, he said the state govt has no objection to the SC directing holding of the elections based on pre-2022 OBC reservation advocate Gopal Sankaranarayanan said Banthia commission specified 27% reservation in local bodies without ascertaining political backwardness of OBCs and differentiating from social and educational backwardness to indicate possibility of perpetuation of stranglehold of a few OBC communities over the local bodies. SC said, "The reservation business in the country has become like railways. Those who have entered the bogies do not want others to enter. That is the whole game and precisely the game of petitioners."
Time of India
06-05-2025
- Politics
- Time of India
Parties happy as wait for civic polls to end soon
Mumbai: The Supreme Court order on local body elections was welcomed by political parties in leader and NCP MLA Chhagan Bhujbal said he was very happy with the direction. He said Akhil Bharatiya Mahatma Phule Samata Parishad, headed by Bhujbal, had filed a petition in SC."We put up lawyers in court. Sameer Bhujbal and Mahesh Zagade were present in court. In the last few days, they held discussions with various lawyers, explaining to them about the injustice. All parties accepted that OBC/Nomadic Tribes reservations, prior to the Banthia Commission, will be implemented. In the last 8 days, we've had two pieces of good news. Prime Minister Narendra Modi announced a caste census, and today our demand has been accepted by the Supreme Court. All panchayat, zilla parishad, nagar palika and mahanagar palika elections will now be held on this basis," he state president Chandrashekhar Bawankule said SC delivered a landmark verdict benefiting countless party workers. "We have been waiting for this moment for the past 3 years. The SC delivered a decision that strengthens the democratic framework. This ruling paves the way for prompt local body elections, doubling the enthusiasm among party workers."Maharashtra Pradesh Congress Committee president Harshwardhan Sapkal said the govt must hold all local body polls within 4 months as directed by SC. "Without any excuse, the govt must hold local body elections and restore the prestige of the corporator, mayor, and chairman of local bodies."tnn
United News of India
06-05-2025
- Politics
- United News of India
SC orders Maharashtra SEC to notify local body elections within four weeks
New Delhi, May 6 (UNI) The Supreme Court on Tuesday directed the Maharashtra State Election Commission (SEC) to issue a notification for holding local body elections within four weeks. A bench of Justice Surya Kant and Justice N. Kotiswar Singh also clarified that the issue of OBC reservation in these elections will be dealt with as it existed before the 2022 Banthia Commission report. The top court accepted the Banthia Commission's recommendation, which had suggested that a census be conducted to gather accurate data on Other Backward Classes (OBCs), and had proposed 27 percent reservation for OBCs in local body elections. However, the Court said that until the triple test criteria laid down in its earlier 2010 judgment are fully met, these reserved seats will continue to be treated as general category seats. The bench set a four-month deadline for the completion of the election process and allowed the SEC to seek more time if needed. It also clarified that the results of these elections will depend on the outcome of pending cases related to OBC reservation in the Supreme Court. This decision came in response to a plea filed by the Maharashtra government, which had sought to reverse an earlier Supreme Court order. That order had prevented the State Election Commission from restarting the election process for 367 local bodies, where polling had already begun, to accommodate OBC reservations. Previously, the Maharashtra government issued an ordinance granting 27% reservation to OBCs in local elections. The government then approached the top court asking it to allow changes in the election process. However, the Supreme Court had earlier warned the SEC of contempt if it moved forward without following legal procedures. In 2021, the Supreme Court had struck down the SEC's attempt to implement OBC reservation without completing the triple test, which requires a dedicated commission to collect data on OBC backwardness in each local body, a clear determination of how much reservation is justified, and ensuring the total reservation for SC, ST, and OBCs does not exceed 50%. The court reiterated that there can be no OBC reservation in the 367 local bodies, including 92 municipal councils and 4 nagar panchayats, where the election process had already started when the court put the process on hold in August 2022. UNI SNG CS
